History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.410

v7.c93.410

In connection with smṛtis and usages an important question arises viz. if there is conflict between smṛtis and usages of siṣṭas, which is to be regarded as more authoritative. Kumārila holds that if the practice of good men is not opposed to what is taught in the Veda and Smṛti, such practices can be understood to be authoritative but if there is contradiction between what is taught by Veda and by Smṛti and by usages, then their authoritativeness would be opposed (i e would be lost) and further that²⁰⁸⁶ smṛti is more authoritative because it is based directly on the Veda, while in the case of usages, one has to infer that śiṣṭas must have based their conduct on some smṛti, which in its turn has to be deemed to be based on some Vedic text i. e. usage is removed from the Veda by one step further than Smṛtis and besides it is well-known that smṛtis are compositions by persons who were deeply versed in the Veda, while the origins of usages are vague and unascertainable.